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55526 Federal Register / Vol. 71, No.

184 / Friday, September 22, 2006 / Notices

Rule 27f–1 and Form N–27F–1; SEC File with the number of periodic payment SECURITIES AND EXCHANGE
No. 270–487; OMB Control No. 3235– plans sold. Commission staff spoke with COMMISSION
0546. representatives of a number of firms in
the industry that currently have Proposed Collection; Comment
Notice is hereby given that, pursuant Request
to the Paperwork Reduction Act of 1995 periodic payment plan accounts. Based
(44 U.S.C. 3501 et seq.), the Securities upon these conversations, the staff Upon Written Request, Copies Available
and Exchange Commission estimates that 3 issuers of periodic From: Securities and Exchange
(‘‘Commission’’) has submitted to the payment plan certificates send out an Commission, Office of Filings and
Office of Management and Budget aggregate of approximately 535 notices Information Services, Washington, DC
(‘‘OMB’’) a request for extension of the per year. The staff further estimates that 20549.
previously approved collection of all the issuers that send Form N–27F– Extension:
information discussed below. 1 notices use outside contractors to Rule 605 of Regulation NMS, SEC File No.
Section 27(f) of the Investment print and distribute the notices, and 270–488, OMB Control No. 3235–0542.
Company Act of 1940 (‘‘Act’’) (15 U.S.C. incur no hourly burden. The estimate of Rule 606 of Regulation NMS, SEC File
80a–27(f)) provides that ‘‘[w]ith respect No. 270–489, OMB Control No. 3235–
annual burden hours is made solely for
to any periodic payment plan (other 0541.
the purposes of the Paperwork
than a plan under which the amount of Reduction Act, and is not derived from Notice is hereby given that pursuant
sales load deducted from any payment a comprehensive or even a to the Paperwork Reduction Act of 1995
thereon does not exceed 9 per centum representative survey or study of the (44 U.S.C. 3501 et seq.), the Securities
of such payment), the custodian bank costs of Commission rules and forms. and Exchange Commission
for such plan shall mail to each (‘‘Commission’’) intends to submit to
certificate holder, within sixty days after Complying with the collection of the Office of Management and Budget
the issuance of the certificate, a information requirements of Rule 27f–1 (‘‘OMB’’) a request for extension of the
statement of charges to be deducted is mandatory for custodian banks of previously approved collection of
from the projected payments on the periodic payment plans for which the information discussed below.
certificate and a notice of his right of sales load deducted from any payment Rule 605 of Regulation NMS (‘‘Rule
withdrawal as specified in this section.’’ exceeds 9 percent of the payment.1 The 605’’) (17 CFR 242.605),1 f/k/a Rule
Section 27(f) authorizes the information provided pursuant to Rule 11Ac1–5 (17 CFR.240.11Ac1–5),
Commission to ‘‘make rules specifying 27f–1 will be provided to third parties requires market centers to make
the method, form, and contents of the and, therefore, will not be kept available to the public monthly order
notice required by this subsection.’’ confidential. The Commission is seeking execution reports in electronic form.
Rule 27f–1 (17 CFR 270.27f–1) under OMB approval, because an agency may The Commission believes that many
the Act, entitled ‘‘Notice of Right of not conduct or sponsor, and a person is market centers retain most, if not all, the
Withdrawal Required to be Mailed to not required to respond to, a collection underlying raw data necessary to
Periodic Payment Plan Certificate of information unless it displays a generate these reports in electronic
Holders and Exemption from Section currently valid control number. format. Once the necessary data is
27(f) for Certain Periodic Payment Plan collected, market centers could either
General comments regarding the program their systems to generate the
Certificates,’’ provides instructions for above information should be directed to
the delivery of the notice required by statistics and reports, or transfer the
the following persons: (i) Desk Officer data to a service provider (such as an
section 27(f).
Rule 27f–1(d) prescribes Form N– for the Securities and Exchange independent company in the business of
27F–1 (17 CFR 274.127f–1), which sets Commission, Office of Information and preparing such reports or a self-
forth the language that custodian banks Regulatory Affairs, Office of regulatory organization (‘‘SRO’’)) that
for periodic payment plans must use in Management and Budget, Room 10102, would generate the statistics and
informing certificate holders of their New Executive Office Building, reports.
withdrawal right pursuant to section Washington, DC 20503 or by e-mail to: The collection of information
27(f). The instructions to the form David_Rostker@omb.eop.gov; and (ii) R. obligations of Rule 605 apply to all
provide that the notice must be on the Corey Booth, Director/Chief Information market centers that receive covered
sender’s letterhead. The Commission Officer, Securities and Exchange orders in national market system
does not receive a copy of the Form N– Commission, c/o Shirley Martinson, securities. The Commission estimates
27F–1 notice. 6432 General Green Way, Alexandria, that approximately 302 market centers
The Form N–27F–1 notice informs Virginia 22312, or by e-mail to: are subject to the collection of
certificate holders of their rights in PRA_Mailbox@sec.gov. Comments must information obligations of Rule 605.
connection with the certificates they be submitted to OMB within 30 days of Each of these respondents is required to
hold. Specifically, it is intended to respond to the collection of information
this notice.
encourage new purchasers of plan on a monthly basis.
Dated: September 11, 2006. The Commission staff estimates that,
certificates to reassess the costs and
Jill M. Peterson, on average, Rule 605 causes respondents
benefits of their investment and to
provide them with an opportunity to Assistant Secretary.
1 Regulation NMS, adopted by the Commission in
recover their initial investment without [FR Doc. 06–7999 Filed 9–21–06; 8:45 am] June 2005, redesignated the national market system
penalty. The disclosure assists BILLING CODE 8010–01–P rules previously adopted under Section 11A of the
certificate holders in making careful and Securities Exchange Act of 1934 (‘‘Exchange Act’’).
Rule 11Ac1–5 under the Exchange Act was
fully informed decisions about whether
sroberts on PROD1PC70 with NOTICES

1 The rule also permits the issuer, its principal


redesignated Rule 605 of Regulation NMS, and Rule
to invest in periodic payment plan underwriter, its depositor, or its record-keeping 11Ac1–6 under the Exchange Act was redesignated
certificates. agent to mail the notice if the custodian bank has Rule 606 of Regulation NMS. No substantive
delegated the mailing of the notice to any of them amendments were made to Rule 605 and Rule 606
The frequency with which each of or if the issuer has been permitted to operate of Regulation NMS. See Securities Exchange Act
these issuers or their representatives without a custodian bank by Commission order. See Release No. 51808 (June 9, 2005), 70 FR 37496 (June
must file Form N–27F–1 notices varies 17 CFR 270.27f–1. 29, 2005).

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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices 55527

to spend 6 hours per month in customers required by Rule 606. With (‘‘UIT’’) sponsored by the Depositor (or
additional time to collect the data an estimated 567 clearing brokers an entity controlling, controlled by or
necessary to generate the reports, or 72 subject to Rule 606, the total burden per under common control with the
hours per year. With an estimated 302 year to comply with the customer Depositor) and their respective series
market centers subject to Rule 605, the response requirement in Rule 606 is (the future UITs, together with the
total data collection cost to comply with estimated to be 226,800 hours. Trust, are collectively the ‘‘Trusts,’’ the
the monthly reporting requirement is Written comments are invited on: (a) series of the Trusts are the ‘‘Series,’’ and
estimated to be 21,744 hours per year. Whether the proposed collection of the Trusts together with the Depositor
Rule 606 of Regulation NMS (‘‘Rule information is necessary for the proper are collectively, the (‘‘Applicants’’),
606’’) (17 CFR 242.606), f/k/a Rule performance of the functions of the request an order to permit each Series
11Ac1–6 (17 CFR 240.11Ac1–6), agency, including whether the to acquire shares of registered
requires broker-dealers to prepare and information will have practical utility; investment companies or series thereof
disseminate quarterly order routing (b) the accuracy of the agency’s estimate (the ‘‘Funds’’) both within and outside
reports. Much of the information needed of the burden of the collection of the same group of investment
to generate these reports already should information; (c) ways to enhance the companies.
be collected by broker-dealers in quality, utility, and clarity of the
connection with their periodic information collected; and (d) ways to APPLICANTS: The Depositor and the
evaluations of their order routing minimize the burden of the collection of Trust.
practices. Broker-dealers must conduct information on respondents, including FILING DATES:The application was filed
such evaluations to fulfill the duty of through the use of automated collection on February 23, 2005 and amended on
best execution that they owe their techniques or other forms of information June 28, 2006 and September 1, 2006.
customers. technology. Consideration will be given
The collection of information to comments and suggestions submitted HEARING OR NOTIFICATION OF HEARING: An
obligations of Rule 606 applies to in writing within 60 days of this order granting the application will be
broker-dealers that route non-directed publication. issued unless the Commission orders a
customer orders in covered securities. Please direct your written comments hearing. Interested persons may request
The Commission estimates that out of to R. Corey Booth, Director/Chief a hearing by writing to the
the currently 3120 broker-dealers that Information Officer, Securities and Commission’s Secretary and serving
are subject to the collection of Exchange Commission, c/o Shirley applicants with a copy of the request,
information obligations of Rule 606, Martinson, 6432 General Green Way, personally or by mail. Hearing requests
clearing brokers bear a substantial Alexandria, Virginia 22312, or send an should be received by the Commission
portion of the burden of complying with e-mail to: PRA_Mailbox@sec.gov. by 5:30 p.m. on October 24, 2006 and
the reporting and recordkeeping Comments must be submitted within 60 should be accompanied by proof of
requirements of Rule 606 on behalf of days of this notice. service on applicants in the form of an
small to mid-sized introducing firms. affidavit or, for lawyers, a certificate of
There currently are approximately 567 Dated: September 14, 2006.
service. Hearing requests should state
clearing brokers. In addition, there are Jill M. Peterson,
the nature of the writer’s interest, the
approximately 1479 introducing brokers Assistant Secretary.
reason for the request, and the issues
that receive funds or securities from [FR Doc. 06–8000 Filed 9–21–06; 8:45 am] contested. Persons who wish to be
their customers. Because at least some BILLING CODE 8010–01–P notified of a hearing may request
of these firms also may have greater
notification by writing to the
involvement in determining where
Commission’s Secretary.
customer orders are routed for SECURITIES AND EXCHANGE
execution, they have been included, COMMISSION ADDRESSES: Secretary, U.S. Securities
along with clearing brokers, in and Exchange Commission, 100 F
[Investment Company Act Release No.
estimating the total burden of Rule 606. 27484; 812–13171] Street, NE., Washington, DC 20549–
The Commission staff estimates that 10901; Applicants, 2455 Corporate West
each firm significantly involved in order Claymore Securities, Inc. and Drive, Lisle, Illinois 60532.
routing practices incurs an average Claymore Securities Defined
burden of 40 hours to prepare and FOR FURTHER INFORMATION CONTACT:
Portfolios, Notice of Application Deepak T. Pai, Senior Counsel, at (202)
disseminate a quarterly report required
by Rule 606, or a burden of 160 hours September 18, 2006. 551–6876, or Nadya Roytblat, Assistant
per year. With an estimated 2046 AGENCY: Securities and Exchange Director at (202) 551–6821 (Division of
broker-dealers significantly involved in Commission (‘‘Commission’’). Investment Management, Office of
order routing practices, the total burden ACTION: Notice of application for an
Investment Company Regulation).
per year to comply with the quarterly order under section 12(d)(1)(J) of the SUPPLEMENTARY INFORMATION: The
reporting requirement in Rule 606 is Investment Company Act of 1940 following is a summary of the
estimated to be 327,360 hours. (‘‘Act’’) for an exemption from sections application. The complete application
Rule 606 requires broker-dealers to 12(d)(1)(A), (B) and (C) of the Act and may be obtained for a fee at the Public
respond to individual customer requests under sections 6(c) and 17(b) of the Act Reference Desk, U.S. Securities and
for information on orders handled by for an exemption from section 17(a) of Exchange Commission, 100 F Street,
the broker-dealer for that customer. the Act. NE., Washington DC 20549–0102, tel:
Clearing brokers generally bear the
(202) 551–5850.
burden of responding to these requests. SUMMARY OF THE APPLICATION: Claymore
sroberts on PROD1PC70 with NOTICES

The Commission staff estimates that an Securities, Inc. (the ‘‘Depositor’’), and Applicants’ Representations
average clearing broker incurs an annual Claymore Securities Defined Portfolios
burden of 400 hours (2000 responses × (the ‘‘Trust’’), on behalf of itself and any 1. The Trust is a UIT registered under
0.2 hours/response) to prepare, existing and future series, and any the Act. Each Series will be a series of
disseminate, and retain responses to future registered unit investment trust a Trust and will offer units for sale to

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